TAMELLEO v. JOCKEY CLUB

No. 4814.

102 N.H. 547 (1960)

CARMINE TAMELLEO DANNY RAIMONDI v. NEW HAMPSHIRE JOCKEY CLUB, INC. d/b/a ROCKINGHAM PARK, AND VINCENT MURPHY.

Supreme Court of New Hampshire.

Decided July 19, 1960.


Attorney(s) appearing for the Case

Shaw & Donovan (Mr. Shaw and Mr. Donovan orally), for the plaintiffs.

McLane, Carleton, Graf, Greene & Brown (Mr. Graf orally), for New Hampshire Jockey Club, Inc.

Sheehan, Phinney, Bass, Green & Bergevin (Mr. Phinney orally), for Vincent Murphy.


BLANDIN, J.

The plaintiffs argue that there is no common-law right in this state to operate a pari-mutuel race track and, assuming there is, that this state does not recognize the common-law rule that the proprietor of a private enterprise, not a public calling, can discriminate without cause among his patrons.

It is firmly established that at common law proprietors of private enterprises such as theaters, race tracks and the like, may admit or exclude anyone...

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